2008-02-19_GENERAL DOCUMENTS - C1981047

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a) Ari area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i)); b) Ari area under study for designation as unsuitable for surface coal mining operations (2.07.6(2)(d)(ii)); c) The boundaries of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System including rivers under study for designation, and National Recreation Areas (2.07.6(2)(d)(iii)(A)); d) Three hundred feet of any public building, school, church, community or institutional building, or public park (2.07.6(2)(d)(iii)(B)); e) One hundred feet of a cemetary (2.07.6(2)(d)(iii)(C)); f) Thee boundaries of any National Forest (2.07.6(2)(d)(iii)(D)); g) Orie hundred feet of the outside right-of--way line of any public road except where mine access or haul roads join such line, and excepting any roads for which the necessary approvals have been received, notices published, public hearing opportunities provided, and written findings made (2.07.6(2)(d)(iv)); Th.e truck scale facility was located adjacent to State Highway 133 prior to August 3, 1977. Therefore, no public notices or public hearing opportunities were offered. However, this facility has been reclaimed and removed from the permit area. h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has been prorvided (2.07.6(2)(d)(v)). On the basiis of information submitted by MINREC, Inc. in the form of a letter from the State Historic Preservation Officer with the Colorado Historical Society, the Division finds that subject to valid existing rights as of August 3,1977, the mining operation will not adversely affect any publicly owned park or place listed on or eligible for listing in the National Register of Historic Places as determined by the State Historic Preservation Office (2.07.6(2)(e)(i)). 6. For this surface mining operation, private mineral estate has not been severed from private surface estate; therefore, the documentation specified by Rule 2.03.6(2) is not required (2.07.6(2)(f)). 7. On the basis of evidence submitted by the applicant and received from other state and federal agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado Surface Coal Mining Reclamation Act, the Division finds that MINREC, Inc. does not own or control any operations which are currently in violation of any law, rule, or regulation of the United States, or any State law, rule, or regulation, or any provision ofthe Surface Mining Control and Reclamation Actor the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). 8. MINREC, [nc. does not control and has not controlled mining operations with a demonstrated pattern of willful violations ofthe Act of such nature, duration, and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the Act (2.07.6(2)(h)).